United States presidential transition

The Presidential Transition Act of 1963 (Pub.L. 88–277) established the mechanisms to facilitate an orderly and peaceful transition of power,[1][2] and has been amended numerous times: by the Presidential Transitions Effectiveness Act of 1998 (Pub.L. 100–398), the Presidential Transition Act of 2000 (Pub.L. 106–293 (text) (pdf)), the Pre-Election Presidential Transition Act of 2010 (Pub.L. 111–283 (text) (pdf)), the Presidential Transitions Improvements Act of 2015 (Pub.L. 114–136 (text) (pdf)) and the Presidential Transition Act of 2019.

The Presidential Transition Act of 2019 requires the incumbent president to establish "transition councils" by June of an election year to facilitate a possible handover of power.[7][8][9]

The Pre-Election Presidential Transition Act of 2010 requires the General Services Administration (GSA) to provide potential presidential transition teams with office space, facilities, funding for transition staff, and access to government services. [6] [10][11] For example, spending on Mitt Romney's transition team in 2012 was going to be $8.9 million, all funds appropriated by the U.S. government.[11]

To free government funds, the GSA Administrator is required to issue an "ascertainment" letter declaring a non-incumbent candidate the "apparent winner" of an election. The declaration marks the official start of the transition, without which the winning candidate’s transition team is not entitled to government funding, secure office space, equipment and access to agencies.[12][13][14] The right to the ownership and confidentiality of emails and phone records produced by the transition team is, however, not secure as against the GSA and the government.[15]

For much of U.S. history, presidential transitions were carried out without very much advance planning or even cooperation from the outgoing president. Legally, a president-elect is not required to come to the capital until the inauguration and need not have substantial policy or procedural discussions with the outgoing administration.

President Harry Truman adopted a positive course by extending his hand to President-elect Dwight D. Eisenhower after the 1952 election, inviting Eisenhower to the White House and ordering federal agencies to assist with the transition. Eight years later, John F. Kennedy engaged in extensive transition planning on domestic and foreign policy issues, but did not meet with Eisenhower until January 6, 1961, two months after the election.[16]

The transition process begins as leading presidential contenders forming a transition team to start making preliminary plans for building an administration and assuming the presidency should they be elected. This can take place at any time of the candidate's choosing. In 2008, the Obama presidential campaign began informally planning for a possible presidential transition several months before Election Day. Obama's transition team, called the "Obama-Biden Transition Project", analysed prior transition efforts, the workings of federal government agencies, and what priority positions needed to be filled by the incoming administration first.[17] In April 2012, before Mitt Romney became the Republican Party nominee, the Romney presidential campaign began planning for a potential transition. Romney's transition team made extensive plans for the transfer of power, called the "Romney Readiness Project", which also included a legislative agenda for the first 200 days of a Romney administration.[18][19]

During the 2016 presidential election cycle, Donald Trump began assembling his transition team in May, after he became the presumptive Republican nominee. His fall campaign opponent, Hillary Clinton, lagged behind in this regard, not forming a team until August, which was after she became the Democratic Party nominee.[20] Key activities in this pre-election phase include: setting goals for the transition; assembling and organizing the key transition team staff; allocating responsibilities among the team and allocating resources and personnel for each core work stream; developing an overall management work plan to guide the team through the entire transition process; and establishing relationships with Congress, the outgoing administration, General Services Administration, the Office of Government Ethics, the FBI and the Office of Personnel Management to encourage information sharing and to begin the security clearance process for select personnel.[21]

The GSA administrator officially determines the "apparent winner" of a presidential election. If it is not the incumbent president, the winner can access federal agencies and transition funds.[22] There are no firm rules on how the GSA determines the president-elect. Typically, the GSA chief might make the decision after reliable news organizations have declared the winner or following a concession by the loser.[23] The GSA administrator's declaration releases about $9.9 million in transition funds for salary, support, and computer systems; allow transition officials to establish government email addresses and receive federal office space; and allow the transition team to start work with the Office of Government Ethics on required financial disclosure and conflict-of-interest forms for incoming nominees. [24]

The actual transition phase begins immediately following the presidential election (barring any electoral disputes) when a sitting president is not re-elected or is concluding a second term. In the case of the Obama-Trump transition, on the day after the election, November 9, 2016, outgoing president Barack Obama made a statement from the Rose Garden of the White House in which he announced that he had spoken the previous evening with (apparent election winner) Donald Trump and formally invited him to the White House for discussions to ensure "that there is a successful transition between our presidencies." Obama said he had instructed his staff to "follow the example" of the George W. Bush administration in 2008, who he said could "not have been more professional or more gracious in making sure we had a smooth transition".[25] This phase of the process lasts between 72 and 78 days, ending on the inauguration day. During this time, the transition team must handle the influx of campaign staff and additional personnel into daily operations and prepare to take over the functions of government. Key activities in this phase include staffing the office of the president-elect; deploying agency review teams; building out the president-elect's management and policy agendas and schedule; and identifying the key talent necessary to execute the new president's priorities.[21]

It is the practice for Cabinet secretaries and high-level political appointees to tender their resignation with effect on the Inauguration Day (January 20) of a new president. The deputy secretaries are also expected to tender their resignation, but are commonly requested to stay on in an acting capacity until the confirmation by the Senate of the new secretary.

Presidential transitions have existed in one form or another since 1797, when George Washington handed over the presidency to John Adams. Despite most going smoothly, many have been bumpy and a few verged on catastrophic.[26]

Hoover–Roosevelt

President Hoover and President–elect Roosevelt riding together to the United States Capitol prior to the March 4, 1933 presidential inauguration.

The 1932–33 transition (November 8, 1932 to March 4, 1933) from Herbert Hoover to Franklin D. Roosevelt was during the Great Depression.

After the election, Roosevelt refused Hoover's requests for a meeting to come up with a joint program to stop the crisis and calm investors, claiming it would limit his options, and as this "would guarantee that Roosevelt took the oath of office amid such an atmosphere of crisis that Hoover had become the most hated man in America".[27] During this period, the U.S. economy suffered after thousands of banks failed.[28] The relationship between Hoover and Roosevelt was one of the most strained between Presidents: while Hoover had little good to say about his successor, there was little he could do. Roosevelt, however, supposedly could - and did - engage in various spiteful official acts aimed at his predecessor, ranging from dropping him from the White House birthday greetings message list to having Hoover's name struck from the Hoover Dam along the Colorado River border, which would officially be known only as Boulder Dam until 1947.

Clinton–Bush

Main article: Presidential transition of George W. Bush

President Clinton and President–elect Bush depart the White House for the inaugural ceremony at the United States Capitol on January 20, 2001.

The 2000-01 transition from Bill Clinton to George W. Bush was shortened by several weeks due to the Florida recount crisis that ended after the Supreme Court handed down its ruling in Bush v. Gore which made Bush the president-elect.

Due to the recount effort and litigation between Bush and his presidential opponent Al Gore leaving the election undecided until December 12, 2000, Bush's official transition was the shortest in United States history, at just 39 days.[29]

Obama–Trump

President Barack Obama (left) and President-elect Donald Trump (right) meet in the Oval Office of the White House as part of the presidential transition

Main article: Presidential transition of Donald Trump

On the evening of November 8, 2016, the day of the presidential election, outgoing president Barack Obama spoke with presumptive winner Donald Trump and formally invited him to the White House for November 10, for discussions to ensure "that there is a successful transition between our presidencies".

Early on November 9, media outlets projected Trump would secure enough votes in the Electoral College to win the presidential election, and Democratic Party nominee Hillary Clinton conceded the election to him later that day.[34] Also on November 9, GSA Administrator Denise Turner Roth[35] issued the "ascertainment letter” to officially designate Trump president-elect,[36] and the transition team was provided office space and were also eligible for government funding for staff. Also on November 9, Trump and Mike Pence were offered the full President's Daily Brief, with the first briefing taking place on November 15.[37][38] The Trump transition website was launched on November 9.[39]

The Trump transition team was led by Vice President-elect Mike Pence and had six vice-chairs: former transition head Chris Christie, Ben Carson, Newt Gingrich, Michael Flynn, Rudy Giuliani and Jeff Sessions.[40]

• White House Transition Interviews –National Archives and Records Administration

• Contingent election, procedure used in U.S. presidential elections in cases where no candidate wins an absolute majority of votes in the Electoral College
• Midnight regulations, rules created by an outgoing administration before it leaves office
• Former Presidents Act

• "Presidential Transition Act: Provisions and Funding". Congressional Research Service. November 13, 2020.

• Presidential Transition Directory at the General Services Administration.